Romano v. Kardashian et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS #5 . Signed by Judge Xavier Rodriguez. (tr1)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION

GINO ROMANO, and all others
similarly situated,
Plaintiff,
VS.
KIM KARDASHIAN a/k/a KIMBERLY
NOEL “KIM” KARDASHIAN,
TONY PARKER,
EVA LONGORIA,
KOURTNEY KARDASHIAN,
Defendants.

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Civil Action No. SA-12-MC-0605-XR

ORDER
On this date, the Court considered the United States Magistrate Judge's Report and
Recommendation, filed July 6, 2012, in the above-numbered and styled case. (Docket no. 5). The
Magistrate Judge recommends that Plaintiff’s lawsuit be dismissed. (Docket no. 5). After due
consideration, this Court accepts the Magistrate Judge’s recommendation.
Any party who desires to object to a Magistrate Judge’s findings and recommendations must
serve and file written objections within fourteen days after being served with a copy of the findings
and recommendations. 28 U.S.C. § 636(b)(1) (2011). The Magistrate Judge’s recommendation was
mailed by certified mail. (Docket no. 7). No objections have been filed. Because no party has
objected to the Magistrate Judge’s Memorandum and Recommendation, this Court need not conduct
a de novo review. See 28 U.S.C. § 636(b)(1) (2011) (“A judge of the court shall make a de novo
determination of those portions of the report or specified proposed findings or recommendations to
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which objection is made.”).
The Magistrate Judge concluded that Plaintiff’s lawsuit should be dismissed because
Plaintiff has not demonstrated that this Court has jurisdiction or that Plaintiff has stated a nonfrivolous claim for relief sufficient to support granting of Plaintiff’s request to proceed in forma
pauperis. This Court has reviewed the Memorandum and Recommendation and finds it to be neither
“clearly erroneous nor contrary to law.” See Thomas v. Arn, 474 U.S. 140, 149, 106 S. Ct. 465
(1985).

Accordingly, this Court ACCEPTS the Magistrate Judge’s Recommendation and

DISMISSES Plaintiff’s lawsuit. The clerk’s office is directed to enter judgment.
It is so ORDERED.
SIGNED this 31st day of July, 2012.

_________________________________
XAVIER RODRIGUEZ
UNITED STATES DISTRICT JUDGE

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